Nakuru: The County Government of Nakuru is encouraging residents to adopt alternative dispute resolution mechanisms to address rising historical land disputes. Chief Officer of Lands and Physical Planning, Ms. Stella Mwaura, emphasized the importance of these methods for achieving accessible justice and fostering community harmony.
According to Kenya News Agency, Ms. Mwaura highlighted Kenya's land policy, which supports alternative dispute resolution (ADR) mechanisms, as a strategy to ensure swift and affordable justice. She reiterated the County government's dedication to resolving land disputes through dialogue and ADR, thereby promoting peaceful coexistence.
Ms. Mwaura made these remarks following a meeting with Africa Gospel Church leaders from Amalo Ward, Kuresoi South Sub-county, who discussed a longstanding land ownership issue. The Chief Officer noted the Constitution's advocacy for community-led local initiatives to resolve land disputes, stressing that unresolved legal battles hinder productive land use and economic growth.
Flanked by Patrick Mwai, Head of Land Administration and Senior Planner, Ms. Mwaura revealed that Governor Kihika's administration is leveraging ADR mechanisms across all 11 Sub-Counties to resolve land disputes and enhance community cooperation.
The County is urging residents to consider mediation and arbitration to resolve land issues over lengthy court proceedings. ADR provides efficient solutions that preserve community ties and reduce litigation costs, she elaborated.
The Department of Lands and Physical Planning plans to collaborate with local leaders to address land disparities, including resource allocation for land surveying and titling to boost infrastructure and urban development. This initiative aims to unlock Nakuru's socio-economic potential for sustainable growth.
Areas like Naivasha, Njoro, Rongai, and others have faced peace disruptions due to land disputes. A County government study found residents often escalate minor land issues to courts, resulting in prolonged cases with varied outcomes.
Official records show nearly 52 percent of civil and criminal cases in local courts involve land disputes, hampering a National and County government titling program. Ms. Mwaura noted the unfortunate link between land conflicts and violence, highlighting efforts to reduce emotional tensions, costs, and time associated with disputes.
The Judiciary supports ADR to clear court backlogs, with ADR encompassing negotiation, conciliation, mediation, and arbitration. The 2010 Constitution advocates for ADR to improve justice delivery while promoting reconciliation and traditional resolution methods.
Ms. Mwaura praised mediation for its ability to satisfy all parties and restore relationships, emphasizing its cost-effectiveness and accessibility. She challenged mediators to maintain confidentiality, avoid conflicts of interest, and uphold competence and integrity.